Arbitration Solicitors

Arbitration provides an effective way to resolve disputes without the delays and complications associated with court proceedings. At JMW, our experienced arbitration solicitors guide clients through every stage of the arbitration process, whether the matter involves domestic or complex international (cross-border) disputes. We have extensive experience acting for businesses across a wide range of industries, including international trade, intellectual property and high-value commercial disputes. 

Arbitration is governed in England and Wales by the Arbitration Act 1996 (as amended by the Arbitration Act 2025), and provides a method of alternative dispute resolution that is confidential, flexible, cost-effective and legally recognised in many jurisdictions. The aforementioned features make arbitration a popular choice for both domestic and international disputes.

To discuss how our arbitration lawyers can assist you, call us on 0345 872 6666 or complete our online enquiry form to request a call back.

How JMW Can Help

When you are involved in a commercial dispute, it’s imperative to have an expert legal team with extensive experience in arbitration proceedings and alternative dispute resolution. At JMW, our arbitration solicitors advise you and your business on every aspect of the arbitration process, from drafting an effective arbitration clause to enforcing arbitral awards.

We take time to understand your objectives, the value and complexity of the dispute, and the nature of your contractual arrangements. This allows us to provide guidance on the most appropriate route to resolve your dispute, such as arbitration or mediation. Our arbitration lawyers regularly help clients resolve high-value disputes, complex cross-border disputes and claims involving international trade law and intellectual property.

Key factors to consider in choosing the most appropriate structure for your dispute include:

• The existence of an arbitration clause or other dispute resolution provisions in your contract
• The costs involved and the potential benefits of a faster, confidential process
• The level of technical expertise required by the arbitrators
• The enforceability of any final determination, particularly in cross-border disputes
• The outcome you wish to achieve and the level of control you want over procedural law and arbitration rules

From the outset, we provide clear, practical advice to protect your interests and help you work towards a favourable outcome. If you need guidance on any aspect of arbitration, whether you are pursuing a claim or responding to one, our experienced arbitration lawyers are ready to assist.

Meet Our Team

We help you assess if arbitration is the best option and guide you through the process, representing your interests to achieve a resolution that meets your needs.

What Is Arbitration in Dispute Resolution?

Arbitration is a form of alternative dispute resolution that enables parties to resolve disputes outside the national courts. Instead of pursuing court proceedings before a judge, the parties agree to submit their dispute to one or more independent arbitrators who make a legally binding decision, known as an arbitral award.

In many cases, arbitration offers a more flexible and faster process than litigation whilst being entirely confidential. The parties involved can choose their arbitrators, set procedural rules and agree the seat of arbitration, allowing arbitration proceedings to be tailored to the nature of the dispute.

Businesses often prefer arbitration because it provides a private forum for resolving disputes and can be a cost-effective alternative to court proceedings. International arbitration allows parties operating in multiple jurisdictions to settle disputes under mutually agreed neutral rules and avoid the procedural law of unfamiliar jurisdictions.

If you are looking for legal support with arbitration for a family dispute, please visit our family arbitration advice page.

What Is an Arbitration Agreement?

A dispute can usually only proceed to arbitration if the parties have agreed to it in advance. This is set out in an arbitration agreement, often included as an arbitration clause within a contract. An arbitration agreement is generally legally enforceable, even on the occasion that the rest of the contract is later declared void by a national court.

Arbitration can be conducted on an ad hoc or institutional basis. Ad hoc arbitration is relevant where the parties decide to formulate the procedural rules between themselves or in accordance with applicable industry model arbitration rules. However, institutional arbitration adheres to the rules of a specific institute, such as the ICC arbitration rules or the LCIA arbitration rules, and is conducted in accordance with the specified rules of the chosen institution.

The arbitration agreement is key to the arbitration process because it defines how any arbitral proceedings will take place. A well-drafted arbitration agreement specifies:

• The legal seat of arbitration, which determines the procedural law governing the process and the relationship between the tribunal and the national courts.
• The arbitration rules that will apply or refer to an ad hoc arbitration procedure.
• The number of arbitrators appointed to the dispute. In high-value disputes, parties often choose three arbitrators to bring a broader range of expertise.
• Whether arbitral awards must remain confidential or can be disclosed.
• The extent to which any award can be challenged in court proceedings.

Parties have flexibility to agree many aspects of the process to suit their circumstances, including a clear timetable, procedural rules, and a final date for resolution. If the parties cannot agree on a specific issue, the appointed arbitrator or the arbitral tribunal can determine how to proceed, taking into account the nature of the dispute and any relevant arbitration rules.

It is important to distinguish between the legal seat of arbitration and the physical location where hearings take place. The legal seat establishes the jurisdiction and procedural framework - for example, English law under the Arbitration Act 1996 if the seat is London. The physical venue can be selected separately, based on the convenience of the parties involved, especially in cross-border disputes.

With so many key factors to consider, you may be inclined to draft an exhaustive arbitration clause to cover every possible scenario. However, this can be counter-productive, as it will not be possible to foresee every dispute that may arise between the parties. Instead, a balancing risk assessment exercise should be undertaken when drafting a comprehensive arbitration agreement.

What Are the Benefits of Arbitration?

Arbitration offers several clear advantages:

• Enforceability: The successful party can take prompt steps to enforce the award against the losing party, often with fewer obstacles than enforcing a judgment through the national courts. Arbitration awards are also recognised and enforceable in most countries. The straightforward enforceability mechanism makes arbitration an effective option for international arbitration proceedings and disputes where assets are held across multiple jurisdictions.
• Privacy: Unlike litigation in the English court or other national courts, arbitration proceedings are usually confidential. Hearings take place in private, and the details of the dispute, evidence and award are not published. This is particularly valuable for businesses that need to protect commercially sensitive information or intellectual property.
• Speed and flexibility: The arbitration process is often more streamlined than court litigation. Fewer procedural stages, tighter timescales and the ability to agree a clear timetable all contribute to faster resolution. This flexibility also extends to how the proceedings are conducted – for example, whether the dispute is decided based on documents alone or through a full hearing where the arbitrator hears evidence from the parties.
• Expert decision-making: Parties have the option to appoint arbitrators with the specific technical expertise relevant to their dispute.

These advantages explain why arbitration has become the preferred choice for resolving disputes in many commercial contracts, including those with an international dimension. It offers a combination of certainty, cost-effectiveness and flexibility that can be difficult to achieve in traditional court proceedings.